Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.4531 of 2025
Date of Decision: 28.3.2025 _____________________________________________________________________ Harish Kumar ……...Petitioner Versus State of Himachal Pradesh and Ors. …....Respondents
Coram
Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Mukul Sood, Advocate. For the respondents: Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate General. ___________________________________________________________________________
Sandeep Sharma, J. (Oral)
Petitioner herein, who at present is working as JBT at GPS Bandal, Village Bandal, Post Office Deori, Tehsil Aut, District Mandi, Himachal Pradesh, has approached this Court in the instant proceedings, seeking therein directions to the respondents to consider and decide his representation (Annexure P-4 Colly.), whereby he has prayed for transfer from present place of posting to other station on account of adverse family circumstances. 2. Having regard to the nature of prayer and order proposed to be passed in the instant petition, this Court sees no necessity to call for the reply from the respondents, who are otherwise represented by
- 2 - Mr. Ravi Chauhan, learned Deputy Advocate General. While accepting notice on behalf of the respondents, learned Deputy Advocate General, fairly states that representation, if not already decided, shall be decided expeditiously. 3. It is quite apparent from the pleadings adduced on record by the petitioner that he has been working at present place of posting for the last more than five years and there is none to take care of his ailing father. Since transfer policy formulated from time to time by the Government of Himachal Pradesh provides for transfer of an employee on account of adverse family circumstances, this Court sees no impediment in issuing direction to the respondents to consider and decide pending representation in a time bound manner. 4. Consequently, in view of the above, this Court without going into the merits of the case deems it fit to dispose of the present petition with a direction to the respondents to consider and decide the pending representation of the petitioner expeditiously, preferably within a period of four weeks. Ordered accordingly.
Needless to say, authority concerned, while doing the needful in terms of instant order, shall afford an opportunity of hearing to the petitioner and pass a speaking order thereupon in terms of transfer policy framed by the Government of Himachal Pradesh, which provides for transfer/adjustment of an employee on account of adverse family circumstances. Liberty is reserved to the petitioner to file appropriate
- 3 - proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of. March 28, 2025
(Sandeep Sharma), (manjit)
Judge